Family disputes can be very complicated whether it is child custody, inheritance disagreements, divorce, conflict of family businesses etc. You need to understand the approaches to choose when resolving these disputes. The two main approaches you can take are mediation and litigation. When you understand the differences of these two options, you can make an informed decision on what is best suited in your situation.
When it comes to mediation
It is a voluntary, collaborative process and this requires a neutral third party which is the mediator. You can look for lawyers Boronia in your locality when choosing a mediator for your issue. The mediator is the person that will help the family members communicate with each other and negotiate. You will be able to reach a mutually acceptable agreement in this process. There are potential solutions that can be explored. This takes place in a flexible and informal environment whereas litigation will take place in a formal court setting. The benefit of going for mediation is that open dialogue between the two parties is promoted so that they can come to a more amicable solution. This process is less adversarial and this can help preserve relationships. This is very beneficial when it comes to family disputes as you will need to maintain ongoing interactions.
Mediation can also be more cost-effective and it is a quicker process compared to litigation
This will need fewer hours compared to what you will spend on court proceedings and the same legal fee will not be involved. You can complete this process in a few weeks or months and this will depend on the complexity of the issues you are dealing with. The willingness of the parties to come to an agreement also matters. There are some cases that you will not be able to solve the matter in mediation and this will go to litigation. There is efficiency to mediation that is good for families that are looking for a way to resolve disputes swiftly. But if one or both parties are not willing to negotiate, mediation cannot be completed successfully. Litigation is where legal action is taken through the court system. Each party will present the case before a jury or judge and then a legally binding decision will be taken. This will depend on the evidence and legal arguments presented.
Litigation can provide a clear resolution to the dispute
And the legal decisions made will be enforceable. This is important for situations where mediation has failed. The benefit of litigation is that it has a formal mechanism to resolve disputes. There is an authority for courts to issue binding rulings and then enforce these decisions. This is important for complex legal issues or when you need to have legal clarity. There are some drawbacks of litigation as well as it can take a lot of time such as months or even years. This will also lead to high legal fees and associated costs. The conflict can also be exacerbated from this combative environment.
